Applications under the Inheritance (Provision for Family and Dependents) Act 1975 must be made within six months of the Grant of Probate or the Grant of Letters of Administration. Claims can be brought after this time period has expired if there is good reason for the delay, however, it is essential to obtain legal advice as soon as possible as delays could affect a claim’s prospects.

The time limit to contest a Will or challenge its validity is 12 years from the date of death, and in cases of fraud there is no time limit. It is however advisable to start Will validity claims as soon as there are grounds to do so, to prevent the estate being distributed based on the basis set out in the alleged false Will.

If the deceased promised to leave you property or money in their Will, you may be able to make a claim if you were disadvantaged by relying upon their promise. This is known as a ‘proprietary estoppel’ claim.

There are many different funding options available, including insurance which you may already have as part of a home insurance policy which could potentially cover your legal fees. Alternatively, Nelsons are willing to consider pursuing claims on a Conditional Fee Agreement or Damages Based Agreement (commonly referred to as ‘no win no fee’ agreements). Should you wish to discuss funding further, please do not hesitate to contact us.

The shareholders of Nelsons Solicitors Limited are also members of Nelsonslaw LLP which under the terms of an exclusive services agreement provides legal services to Nelsons Solicitors Limited. Nelsons Solicitors Limited and Nelsonslaw LLP are both authorised and regulated by the Solicitors Regulation Authority (SRA) (Nelsons Solicitors Limited SRA number: 536939; Nelsonslaw LLP SRA number: 569619). Nelsons Solicitors Limited is authorised and regulated by the Financial Conduct Authority (FCA) (FCA number: 523173). Nelsons’ Notaries are regulated by The Faculty Office. We use the word “partner” to refer to a shareholder or director of Nelsons Solicitors Limited and its use in connection with the business of Nelsons Solicitors Limited should not be construed as an indication that any shareholder or director carries on business in partnership with any other shareholder or director within the meaning of the Partnership Act 1890.

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